People v. Cavoly

Judgment unanimously affirmed. Memorandum: The court did not err in refusing defendant’s request to charge the defense of temporary and lawful possession of a weapon. To establish entitlement to this charge " 'there must be proof in the record showing a legal excuse for having the weapon in [defendant’s] possession, as well as facts tending to establish that, once possession has been obtained, the weapon had not been used in a dangerous manner’ ” (People v Banks, 76 NY2d 799, 801, quoting People v Williams, 50 NY2d 1043, 1045). At trial, defendant admitted that, upon gaining possession of the…